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<p><!-- pencil -->3 March 1804<lb/> | |||
<head>Evidence</head></p> | |||
<p>Thus it is, that in the established and regular course of procedure<lb/> | |||
there are four sets of hands <add>through which</add> in whom the circulation of falshood<lb/> | |||
is <del>ensured</del> <add>in a manner</add> secured, and that falshood in the instance of three out<lb/> | |||
of the four <add>the lawyers</add> constantly, and in the instance of the fourth the suitor,<lb/> | |||
frequently altogether <sic>dispunishable</sic>: in the three instances <del><gap/></del> <add>not only sure</add> secure<lb/> | |||
of <add>not</add> being punished <add>in any shape</add>, but secure of being rewarded, <add>in a very substantial shape,</add> and therefore secure<lb/> | |||
of being practiced.</p> | |||
<p>In the case of the suitor, the security against ultimate<lb/> | |||
punishment does not apply to al cases: and where it does not<lb/> | |||
apply, either the falshood must <add>in the instance of this individual</add> have been unaccompanied with mendacity,<lb/> | |||
or the mendacity <del>must</del> though real must have had <del>fo</del><lb/> | |||
erroneous judgement for its cause, which case however is by no means<lb/> | |||
an infrequent one.</p> | |||
<p>But a case there is in which <del>the</del> mendacity acts with<lb/> | |||
its eyes open: because the punishment though in the general picture<lb/> | |||
held out by the law is presented as impending, is sure not to be so<lb/> | |||
in reality. This is where a claim known by the plaintiff to<lb/> | |||
be false, is pursued in confidence of the known or presumed <unclear>inability</unclear><lb/> | |||
of the adverse party, whether by want of <add>legal</add> evidence, or want of money,<lb/> | |||
to defend himself against it.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
3 March 1804
Evidence
Thus it is, that in the established and regular course of procedure
there are four sets of hands through which in whom the circulation of falshood
is ensured in a manner secured, and that falshood in the instance of three out
of the four the lawyers constantly, and in the instance of the fourth the suitor,
frequently altogether dispunishable: in the three instances not only sure secure
of not being punished in any shape, but secure of being rewarded, in a very substantial shape, and therefore secure
of being practiced.
In the case of the suitor, the security against ultimate
punishment does not apply to al cases: and where it does not
apply, either the falshood must in the instance of this individual have been unaccompanied with mendacity,
or the mendacity must though real must have had fo
erroneous judgement for its cause, which case however is by no means
an infrequent one.
But a case there is in which the mendacity acts with
its eyes open: because the punishment though in the general picture
held out by the law is presented as impending, is sure not to be so
in reality. This is where a claim known by the plaintiff to
be false, is pursued in confidence of the known or presumed inability
of the adverse party, whether by want of legal evidence, or want of money,
to defend himself against it.
Identifier: | JB/058/349/001"JB/" can not be assigned to a declared number type with value 58. |
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1804-03-03 |
11-13, 13a |
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058 |
evidence |
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349 |
evidence |
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001 |
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text sheet |
1 |
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recto |
e5 |
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jeremy bentham |
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19018 |
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